Real Cases - Custody Case 2

Case #2

 

15 month old daughter dies while mother is out drinking and gambling... What happens next will surprise you...

How would you rule?
  1. May 1997 - 15 month old dAugusthter gets very ill when Father is away on business.
    • Mother leaves child at home unattended and goes out drinking and gambling with her Mother.
    • Returns to find terminally ill baby, takes two days before she takes her to Children’s Hospital Oakland (CHO).
    • CHO contacts Father by email informs to get home ASAP.
  2. June 1998 - Daughter succumbs to illness and dies.
  3. September 1998 - Father suffers massive stroke due to stress of losing daughter and abusive treatment by Mother. 
    • While in hospital doctors inform Mother Father is not likely to survive. 
    • Mother tells Father he will not survive and she wants to be married and that it needs to happen very soon.
    • Mother is aware of Father’s reluctance to get married but insists it should not matter to him if he is deceased.
  4. December 1998 – Under significant duress Father reluctantly agrees to marry and set date in June 1999
  5. January 1999 - Mother continues abuse of Father and moves wedding up to January 1999 in one week’s time.
  6. January 1999 - Wedding takes place at Father’s home. 
    • On wedding weekend Father’s Father has brain hemorrhage and dies.
    • Mother insists wedding goes on anyway.
    • Wedding takes place under solemn circumstances. 
    • Mother invites her Mother and sister and they stay up playing cards and drinking all night on wedding night.
  7. November 1999 - Second son is born.
    • Mother continues a pattern and practice of abusing Father who is fully disabled and wheelchair bound.
  8. January 2000 - Mother moves into guest quarters in Father’s home
    • All intimacy stops
    • Mother is often out until 3AM drinking and gambling.
    • She often comes home very drunk, stumbling and staggering and being violent and belligerent.  
    • Full Separation 11 months after marriage.
  9. February 2000 - Father asks Mother to move out and find a job and a place to live.
    • Mother states she will move out when Father buys her, her own house in Alamo.
    • Father says NO. 
    • Mother refuses to move and starts vandalizing Father’s home, stealing money, stealing assets and unauthorized use of motor vehicles.
  10. April 2000 - Mother is in Father’s home office and assaults him repeatedly in front of minor child.
  11. May 2000 - Father’s business collapses and no more income stream.
  12. January 2001 - Father overhears conversation between Mother and her sister
    • How they are going to “Stroke Him Out”
    • Discuss in detail how they are going to work together to maintain high stress levels
    • This while doctor’s orders were to keep stress to a minimum
    • They had one thing in mind…
  13. March 2001- Mother crashes family minivan into school gate in AM after a night of drinking
    • Minor child reports to Father.
    • Vehicle is severely damaged
    • Mother refuses to file police report or repair car.
  14. May 2001 - Son tells Father that Mother took cash and little blue book from Father’s office. 
    • Father discovers $2,500.00 in travel cash and passport are missing.
    • Father confronts Mother about missing items
    • Mother denies everything
    • Son states I saw you take it why are you lying.
    • Father reports missing passport to US Secret Service.
  15. August 2001 - Mother steals Father’s car and goes out drinking with friends
    • Father reports to police.
    • Police find Mother and request car returned immediately.
    • Mother waits a few hours then returns car.
  16. September 2001 - Passport mysteriously reappears on office desk in plain sight. 
    • Mother claims she took passport to prevent Father from going on business trip to Europe.
  17. October-December 2001 - Mother continues abusive patterns toward Father, including tampering with sleep. 
    • Mother puts salt in Father’s bed when he is sleeping to create sleep deprivation. 
    • Father confronts Mother and she admits to act of sleep deprivation
    • Mother tells Father “I am going to Stroke you Out and take everything.”
    • Mother continues to use many tactics to increase Father’s stress level
  18. MAY 2002 - Mother tampers with dosage for Father’s life medications
    • Adding enough blood thinners to give Father another stroke.
    • Father discovers the changes and confronts Mother who indicates doctor instructed her to do so.
    • Father contacts Dr. and finds out that Dr. said all is fine no changes warranted in meds dosage. 
    • Dr indicates this is attempted murder and should be reported to police.
  19. December 2002 - Mother is working on various projects and making a large mess all over the house
    • Including leaving sharp razor blades on dining room floor where children playing could cut their feet. 
    • Father confronts Mother about this issue - Mother assaults Father in front of minor child and is arrested for Domestic Violence by county sheriff.
    • Mother calls Father after 6 hours in county jail and states that she does not like being there
      • She has asked all her relatives and friends and no one will bail her out
      • Would Father please bail her out
      • She promised to behave like a good wife and also repay bail.
      • Mother meets Future Boyfriend in jail. 
      • Bail bondsman informs Father that Mother met with known criminal while in jail with known background and he provides background to Father.
  20. April 2003 - Mother moves out of Father’s home without informing Father.
    • Father comes home from physical therapy and finds moving trucks at his home. 
    • Father instructs Mother to leave kids and do not take anything that doesn’t belong to her. 
    • Mother takes kids and steals precious artwork and other valuables.
    • Mother also vandalizes home by blocking sinks and turning on water in upstairs guest bath
    • She also marks walls with marker
    • She disposes of cat litter in the carpeted loft. 
    • Mother refuses to give Father correct moving address. 
    • Mother moves to Danville and moves in with aforementioned criminal (Boyfriend) who she met in jail 
    • In one week Mother’s criminal attorney personally serves dissolution papers to Father at his home in Alamo
    • Mother’s attorney is threatening; tells Father he is going to take his home.
  21. May 2003 – Mother filed for Temporary Restraining Order (TRO)
  22. May 2003 – Father requested mutual TRO’s – Berkow granted mutual TRO’s
  23. May 2003 – Minor child informs Father that Mother is having sex parties at her apartment with her boyfriend and 3 of his friends
    • He saw Mother performing fellatio on Boyfriend & his friends
    • Mother punched him in the stomach for watching.
    • Father informs Danville Police
    • Police interview minor child and Mother and drop any further action.
  24. July 2003 - Father hires well know Contra Costa County Attorney
  25. July 2003 - Berkow orders custody evaluation
    • Custody Evaluator performs an incomplete and grossly inaccurate evaluation
    • Refusing to interview
      • Extended family members
      • Teachers at school
      • All persons who spend much time with children.
    • Custody Evaluator visits Father’s home and complains that “a disabled person should not live this well too much space for one person.”
  26. May-December 2003 - Children indicate
    • Lots of alcohol and pill consumption
    • Drinking and driving at Mother’s home
  27. December 2003 - Father recognizing that his attorney was not looking out for Father’s and children’s best interest; terminates the relationship with attorney.
  28. March 2004 - Berkow
    • Orders therapy for Father and eldest son.
    • Denies Father’s extensive evidence of criminal acts by Mother’s Boyfriend.
  29. April 2004 - Father reports stolen property to Police and DA
    • DA instructs to look for more evidence
    • Father discovers Mother has been forging checks from Father’s bank account, $150,000.00 taken.
    • Once again nothing was done
  30. May 2004 - Father hires a prominent forensic psychologist at great expense $25K
    • To challenge the accuracy of Custody Evaluator’s evaluation report.  
    • Berkow does not allow this expert to present his findings
  31. May 2004 - Mother files civil case against Father, PD, County Jail, City of Danville, bail bonds, insurance company for false arrest for domestic violence.
  32. August 2004 - Court orders vocational evaluation paid for both parties by Father with stipulation Mother will reimburse. 
    • Vocational evaluator determines Father is permanently disabled as ordered by Federal Judge in June 2000
    • Mother is capable but unwilling to secure employment.
    • Custody Evaluation awards
      • Eldest child to Mother & career criminal Boyfriend living in her home
      • Father was given limited supervised visitation to Eldest son.
      • Awards youngest son to Father with the following rationale:
        • The eldest son looks like mother
        • The youngest son looks like father
        • Evaluator indicated father may abuse eldest son because of resemblance to mother
        • (Note: Father has no history of violence however Mother has multiple arrests for domestic violence.)
  33. September 2004 - Minor’s counsel appointed.
    • Father is now Pro Per. 
    • Court continues to abuse privileges and denies request by Father for change of visitation.
    • Father refuses to pay Custody Evaluator for incomplete and incompetent custody evaluation
    • Court orders Custody Evaluator to do thorough criminal background check of Mother’s Boyfriend.
  34. December 2004/January 2005 – Mother refuses to pay her share of children’s Medical expenses
    • Berkow sanctions Father for filing motions to have Mother pay her share according to earlier court order. 
    • Father refuses to pay sanctions or fees to Mother’s Attorney.
  35. September 2005 - Mother removes son from high school and enrolls him in Venture school without informing Father.
    • Mother continues to disregard joint legal custody rules
    • Mother is instructed by her attorney to continue to disobey rules and claim ignorance.
  36. July - December 2005  Numerous motions filed by Father to change custody
    • Court never listens, continues abusing Father’s Pro per rights
    • Berkow does not allow Father to present his evidence or case in court she relies only on information provided by
      • Minor’s counsel
      • Opposing counsel
    • Father realizes minor’s counsel is Biased
      • Taking direction from Mother & Boyfriend
      • Is in continuous Ex-Parte communications with opposing counsel.
        •  Father points this out to Berkow and requests dismissal and disbarment proceedings for minor’s counsel.
        • Berkow denies motion and orders Father to pay Custody Evaluator.
        • Father refuses and files ethics violation charges against Custody to CA Board of Psychology (BoP). 
        • BoP refuses to take any action against Custody Evaluator. 
  37. January 2006 - Civil case DISMISSAL ENTERED WITH PREJUDICE AS TO ENTIRE ACTION.  City And insurance company to pay $25,000 to Mother due to incorrect paperwork upon admittance to county jail.
  38. Aprilil 2005 - Court orders
    • Father to sell off his boat 
    • Gives Minivan owned by Father to Mother without payment for transfer of ownership. 
  39. December 2005 - August 2006 - Numerous motions filed by Father to change custody
    • Court never listens
    • Court continues abusing Father’s  Pro Per rights
    • Berkow does not allow Father to present his evidence or case in court always relies on minor’s counsel or opposing counsel 
    • Multiple requests for Income and Expense declaration (I&E) from opposing and minor’s counsel
    • Father provides current I&E
    • Mother files perjured I&E.
  40. June 2006 - Eldest son
    • Calls minor’s counsel
    • Sends emails counsel
    • Writes letter minor’s counsel
    • Minors counsel ignores all correspondence
    • Son writes directly to Berkow
    • Berkow ignores his requests for change of custody and visitation
    • Without talking with child; Minor’s Counsel files motion that Father tortured son into writing emails and letters by withholding food and sleep. 
    • Father files motion on behalf of son.
  41. July 2006 - Court mediator interviews children
    • Children confirm Minor’s Counsel perjury
    • Father brings perjury to attention of court
    • Berkow denies any actions against Minor’s Counsel
  42. August 2006 - Custody and visitation increased for Father.  Father now has every other weekend and Wednesdays with both children.
  43. September 2006 - August 2007 - Father continues to refuse to pay Custody Evaluator and Minor’s Counsel on grounds of refusing to pay for incompetence and perjury.
  44. August 2007 - Minor’s counsel files false motion about Father abusing children.
    • Eldest son denies all claims in minor’s counsel’s OSC as indicted by mediator.
  45. September 2007 - Father files charges of perjury with County DA. 
    • County DA does not want to take on Family Court 730 experts.
  46. October 2007 - Eldest Son is detained at school for possession of controlled substance.
    • Mother refuses to come to school and pick up son
    • Police call Father
    • Father picks-up son  
    • Son was in possession of Marijuana and opiates
    • Drugs were provided  by Mother or Boyfriend
    • Also Mother obtained prescription for ADHD meds without informing Father for both children.
  47. November 2007 - Father is denied all visitation and custody with youngest child and allowed limited visitation with eldest son.
    • Father is once again ordered to therapy as is youngest son.
  48. November 2007 - January 2008 - Mother continues to obstruct visitation with both children at all times.
  49. December 2008 - Father secures non-professional supervisor
    • Mother refuses to meet with supervisor
    • Continues to obstruct visitation.
  50. January 2008 - Minor’s Counsel retires and leaves state.

 

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